Illinois Consumer Fraud Act — Excess Towing/Storage Charges
Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/) prohibits unfair or deceptive practices in consumer transactions. Towing companies that charge above the Illinois Commerce Commission maximum rates, fail to provide itemized receipts, charge for unlawful 'gate fees,' or impose storage charges for periods when the lot was inaccessible may be sued for actual damages, treble damages, attorney's fees, and injunctive relief. Particularly useful against private parking enforcement firms (e.g., Lincoln Towing Service has a long history of regulatory action).
Legal basis
815 ILCS 505/2 (unfair practices); 815 ILCS 505/10a (private right of action)
Sample appeal wording
TO: [TOW COMPANY NAME] RE: DEMAND FOR REFUND — Tow on [DATE], Vehicle [PLATE] DEMAND LETTER UNDER ILLINOIS CONSUMER FRAUD ACT (815 ILCS 505/) The charges of $[AMOUNT] for the tow on [DATE] are unlawful for the following reasons: [CHOOSE] - Charges exceed Illinois Commerce Commission maximum rates by $[AMOUNT]. - No itemized receipt provided as required. - Improper 'gate fees' or 'administrative fees' not authorized by ICC. - Storage charges assessed for periods when the lot was closed and the vehicle could not be retrieved. I demand a full refund of $[AMOUNT] within 14 days. If not provided, I will file: (1) ICC complaint; (2) small claims action under 815 ILCS 505/10a seeking actual damages, treble damages, and attorney's fees. Evidence: (1) tow/storage receipt; (2) ICC rate comparison; (3) photographs. Signed, [FULL_NAME] Date: [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- 815 ILCS 505/2
- 815 ILCS 505/10a
- ICC towing tariffs